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CHIEF ADEFIOYE ADEDEJI (RISAWE OF ILESHA) V. RAUFU AKANBI BELLO (SUBSTITUTED FOR NURUDEEN BELLO (DECEASED) FOR HIMSELF AND ON BEHALF OF ALL OTHER CHILDREN OF LATE PA. BELLO BY ORDER OF COURT DATED 23 MAY 2007) ALHAJI KAMORU BELLO AREWA

(2014) JELR 52716 (CA)

Court of Appeal  •  CA/I/49/06  •  5 Jun 2014  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA ( Presided) MOJEED ADEKUNLE OWOADE JCA CORDELIA IFEOMA JOMBO-OFO JCA (Read the Lead Judgment )

Judgement

JOMBO-OFO JCA (Delivering the Lead Judgment): This is an appeal by the plaintiff (hereinafter the appellant) against the decision of the Osun State High Court sitting at the Ilesha Judicial Division, delivered 6 April 2005. The appellant in his amended statement of claim dated 30 December 1996 made the following claims against the defendants (hereinafter the respondents): i. A declaration that the building numbered A6 Esida Quarter, Ilesha and occupied by the defendant is situate within Risawe chieftaincy palace (Akodi) at Esida Quarter, Ilesa.

. Forfeiture of thedefendant’s licenceor any right of user granted by the plaintiff’s grandfather to the defendant’s father under Ijesa native law and custom.

. Ejectment of the defendant from the land in dispute. iv. Account verified by the defendant’s affidavit and payment to the plaintiff of all rents paid or payable by diverse tenants using part of the building as shops with effect from 1 May 1985 until the final determination of this suit.…

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